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(영문) 의정부지방법원 2018.10.12 2017고단4524

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative of the Korean oriental medical hospital located in Namyang-si, who is an employer who runs hospital business using 20 full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant’s wage was withdrawn in May 2017 from the list of crimes in the attached to the wage, which was worked from July 1, 2016 to August 5, 2017 at the above workplace.

In addition to the unpaid payment of KRW 7,015,230, there was no agreement between the parties on the extension of the payment date between the parties to the payment of KRW 56,60,093, including the payment of KRW 7,015,230,00,000, the payment was not made within 14 days from the date of each retirement.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 7,068,420 of the O retirement allowance, which was worked from July 1, 2016 to August 5, 2017 at the same place of business, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement ofO and Q;

1. P petition;

1. Application of Acts and subordinate statutes to the details of wages unpaid, average wages and retirement allowances for each worker;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) regarding criminal facts under the relevant provision of the Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that the employee’s retirement payment is unpaid)

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (it is between the violation of the Labor Standards Act with respect toO and the violation of the Workers' Retirement Benefit Security Act).